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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. 2022 NY Slip Op 03449
Regular Panel Decision
May 26, 2022

Matter of Alpert

Sara Alpert, an attorney, was disciplined for intentionally dishonest conduct related to her failure to file H-1B visa applications. She made false representations to her law firm, fabricated documents, and backdated filings to conceal her inaction. The Attorney Grievance Committee for the First Judicial Department and Alpert jointly moved for discipline by consent, requesting a six-month suspension. The Appellate Division, First Department, granted the motion, suspending Alpert for six months, citing her lack of diligence, deception, and mitigating factors such as her youth, inexperience, remorse, and a serious medical condition that led to fear of losing health insurance.

attorney disciplineprofessional misconductH-1B visaimmigration lawfrauddeceitmisrepresentationlack of diligenceattorney suspensionethical violations
References
6
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. MISSING
Regular Panel Decision

Matter of Kover

Attorneys Burton Citak and Donald L. Citak appealed orders that imposed sanctions and denied legal fees related to an article 81 guardianship proceeding for Eva Dworecki, an alleged incapacitated person. The attorneys were sanctioned for frivolous conduct, including making misrepresentations and false statements in court filings and arguments, and accusing the court of misconduct, despite previously consenting to the guardianship. The appellate decision, in this concurring opinion by Tom, J.P., found ample support for the Supreme Court's finding that the attorneys' conduct warranted sanctions. The matter was remanded for further proceedings to determine the appropriate costs, reduce the award to judgment, and set reasonable legal fees for the Citak firm's representation of Dr. Dworecki prior to the frivolous filings.

SanctionsAttorneysGuardianshipArticle 81Frivolous ConductAppellate ReviewProfessional MisconductLegal FeesCostsCourt Orders
References
0
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision
Oct 17, 1994

Austin v. Local 1-2

This case concerns an appeal from an order of the Supreme Court, Richmond County, dated October 17, 1994. The defendants sought to disqualify the plaintiff's attorney, Stuart Bochner, in an action for breach of contract and wrongful discharge. The Supreme Court denied the disqualification motion, and that decision was affirmed on appeal. The court held that Bochner's representation of a separate entity related to the defendant union, on unrelated matters, did not create an adverse effect on his professional judgment. Furthermore, his previous role as general counsel for the union ten years prior was not substantially related to his current representation of the plaintiff, thus not warranting disqualification.

Attorney DisqualificationConflict of InterestProfessional EthicsBreach of ContractWrongful DischargePrior RepresentationLegal EthicsAppellate ReviewSupreme Court
References
2
Case No. MISSING
Regular Panel Decision

Barnett v. Jamesway Corp. (In Re Jamesway Corp.)

This memorandum decision addresses a dispute concerning the administrative priority of attorneys' fees awarded under the Worker Adjustment and Retraining Notification Act (WARN Act) to former employees of Jamesway Corp., as well as the scope of a prior summary judgment decision. The court determined that post-petition attorneys' fees, stemming from the debtor's continued litigation and loss, are entitled to administrative expense priority under the Bankruptcy Code. This decision applies to Union employees who accepted offers of judgment, deemed "Accepting Plaintiffs," as their offers were executory accords breached by Jamesway. However, the decision explicitly excludes "Grievance Claimants," as their terminations occurred before the WARN Act triggering event. The ruling emphasizes the public policy behind fee-shifting statutes to encourage legal representation for workers and ensure compliance.

WARN ActAdministrative PriorityAttorneys' FeesBankruptcy CodeExecutory AccordOffer of JudgmentWage ClaimsEmployee RightsStatutory InterpretationPost-petition Claims
References
11
Case No. 2020 NY Slip Op 04524 [186 AD3d 23]
Regular Panel Decision
Aug 13, 2020

Matter of Doris

The Attorney Grievance Committee (AGC) initiated a disciplinary proceeding against attorney Lawrence A. Doris following client complaints of professional misconduct, including failure to file a personal injury case and lack of communication. Despite numerous attempts by the AGC through letters, emails, and a judicial subpoena, Mr. Doris failed to respond to the allegations or appear for a deposition. The AGC subsequently moved for his immediate suspension from the practice of law due to his willful noncompliance and failure to cooperate with their investigation. The Appellate Division, First Department, granted the AGC's motion, finding that Mr. Doris's conduct warranted immediate suspension. This decision underscores the importance of attorney cooperation in disciplinary matters and protection of the public interest.

Attorney disciplineProfessional misconductNoncooperation with investigationImmediate suspensionGrievance CommitteeClient complaintFailure to communicateJudicial subpoenaPublic interest threatAppellate Division
References
6
Case No. MISSING
Regular Panel Decision

Cruz v. Local Union Number 3 of the International Brotherhood of Electrical Workers

This case, presided over by District Judge Spatt, addresses post-trial motions concerning attorney's fees and damages following a class action. Initially, plaintiffs sued employer Robert Abbey, Inc. under the Worker Adjustment and Retraining Notification Act of 1988 (WARN) (settled for $110,000) and both the employer and Local Union Number 3 of the International Brotherhood of Electrical Workers under section 301 of the Labor Management Relations Act for breach of fair representation. After class decertification, the claims of fourteen plaintiffs against the Union went to a jury, which found the Union liable for breaching its duty of fair representation and awarded compensatory damages to eight of them. The Court denied the Union's post-trial motion for judgment as a matter of law but vacated the jury's compensatory damage award, instead granting nominal damages of $1 to each of the eight prevailing plaintiffs due to lack of evidentiary support for the monetary award. The Court also determined that plaintiffs' attorneys were entitled to recover attorney's fees for the Union's breach of duty of fair representation, calculating these fees based on reasonable hours and rates, and awarded specific amounts to the law firms Hall & Sloan ($4,775.00) and Davis & Eisenberg ($42,475.00), for a total of $47,250.00. Additionally, the Court awarded $1,177.15 in costs and denied the plaintiffs' application for an award of prejudgment interest.

Attorney's FeesNominal DamagesBreach of Duty of Fair RepresentationLabor Management Relations ActWARN ActSettlementJury VerdictPost-Trial MotionsLodestar MethodClass Action Decertification
References
36
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